State of Illinois
90th General Assembly
Legislation

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[ Introduced ]

90_HB1114ham001

                                           LRB9003995LDdvam02
 1                    AMENDMENT TO HOUSE BILL 1114
 2        AMENDMENT NO.     .  Amend House Bill 1114  by  replacing
 3    everything after the enacting clause with the following:
 4        "Section  5.   The State Finance Act is amended by adding
 5    Section 5.449 as follows:
 6        (30 ILCS 105/5.449 new)
 7        Sec. 5.449.  The Museums Educational Programs Fund.
 8        Section 10.  The Riverboat Gambling  Act  is  amended  by
 9    changing Sections 12 and 13 as follows:
10        (230 ILCS 10/12) (from Ch. 120, par. 2412)
11        Sec. 12. Admission tax; fees.
12        (a)  A  tax is hereby imposed upon admissions to gambling
13    excursions authorized pursuant to this Act at a  rate  of  $2
14    per  person admitted.  This admission tax is imposed upon the
15    licensed owner conducting the gambling excursion.
16             (1)  If tickets are issued which are good  for  more
17        than  one  gambling excursion, the admission tax shall be
18        paid for each person using the ticket  on  each  gambling
19        excursion for which the ticket is used.
20             (2)  If   free  passes  or  complimentary  admission
                            -2-            LRB9003995LDdvam02
 1        tickets are issued, the licensee shall pay the  same  tax
 2        upon  these  passes  or  complimentary tickets as if they
 3        were sold at the regular and usual admission rate.
 4             (3)  The  riverboat  licensee  may  issue   tax-free
 5        passes to actual and necessary officials and employees of
 6        the  licensee  or  other  persons actually working on the
 7        riverboat.
 8             (4)  The number and issuance of tax-free  passes  is
 9        subject  to  the  rules  of  the Board, and a list of all
10        persons to whom the tax-free passes are issued  shall  be
11        filed with the Board.
12        (b)  From  the  $2  tax  imposed  under subsection (a), a
13    municipality shall receive from the State $1 for each  person
14    embarking  on a riverboat docked within the municipality, and
15    a county shall receive $1 for  each  person  embarking  on  a
16    riverboat docked within the county but outside the boundaries
17    of  any  municipality.  The  municipality's or county's share
18    shall be collected by the Board on behalf of  the  State  and
19    remitted   monthly   quarterly   by  the  State,  subject  to
20    appropriation,  to  the  treasurer  of  the  unit  of   local
21    government for deposit in the general fund.
22        (c)  The  licensed  owner  shall pay the entire admission
23    tax  to  the  Board.  Such  payments  shall  be  made  daily.
24    Accompanying each payment shall be a return on forms provided
25    by the Board which shall include other information  regarding
26    admissions  as  the  Board  may  require.   Failure to submit
27    either the payment or the return within  the  specified  time
28    may result in suspension or revocation of the owners license.
29        (d)  The Board shall administer and collect the admission
30    tax  imposed by this Section, to the extent practicable, in a
31    manner consistent with the provisions of Sections 4,  5,  5a,
32    5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9 and 10 of
33    the  Retailers'  Occupation  Tax  Act  and Section 3-7 of the
34    Uniform Penalty and Interest Act.
                            -3-            LRB9003995LDdvam02
 1    (Source: P.A. 86-1029; 86-1389; 87-205; 87-895.)
 2        (230 ILCS 10/13) (from Ch. 120, par. 2413)
 3        Sec. 13.  Wagering tax; Rate; Distribution.
 4        (a)  A tax is imposed  on  the  adjusted  gross  receipts
 5    received from gambling games authorized under this Act at the
 6    rate  of 20%. The taxes imposed by this Section shall be paid
 7    by the licensed owner to the Board after the close of the day
 8    when the wagers were made.
 9        (b)  Twenty-five  percent  (25%)  of  the   tax   revenue
10    deposited  in  the State Gaming Fund under this Section shall
11    be paid, subject to appropriation by the General Assembly, to
12    the unit of local government which is designated as the  home
13    dock of the riverboat.
14        (c)  Appropriations, as approved by the General Assembly,
15    may  be  made from the State Gaming Fund to the Department of
16    Revenue  and  the  Department  of  State   Police   for   the
17    administration and enforcement of this Act.
18        (c-1)  On  July  1, 1998 and January 1, 1999, and on each
19    July 1 and January 1 thereafter, the Board shall transfer  1%
20    of  the  moneys  generated  under  this Section 13 during the
21    previous 6 months to the Museums Educational  Programs  Fund,
22    which  is  hereby  created  as  a  special  fund in the State
23    Treasury.  Moneys in the Fund shall be used  and  distributed
24    by the State Board of Education, subject to appropriation, to
25    not-for-profit  museums  throughout the State for the purpose
26    of  supporting  educational  programs  for   elementary   and
27    secondary school children.
28        (d)  From  time  to  time,  the  Board shall transfer the
29    remainder of  the  funds  generated  by  this  Act  into  the
30    Education  Assistance Fund, created by Public Act 86-0018, of
31    the State of Illinois.
32        (e)  Nothing in this Act shall prohibit the unit of local
33    government designated as the home dock of the riverboat  from
                            -4-            LRB9003995LDdvam02
 1    entering into agreements with other units of local government
 2    in  this State or in other states to share its portion of the
 3    tax revenue.
 4    (Source: P.A. 88-670, eff. 12-2-94; 89-21, eff. 7-1-95.)
 5        Section 99.   Effective  date.   This  Act  takes  effect
 6    January 1, 1998.".

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